Kanika Devi vs The State Of Assam And 6 Ors
2025 Latest Caselaw 8077 Gua

Gauhati High Court

Kanika Devi vs The State Of Assam And 6 Ors on 27 October, 2025

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GAHC010032542024




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                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/829/2024

         KANIKA DEVI
         W/O DEBENDRA SARMA R/O HOUSE NO. 3A KAILASPUR HARKANTA
         RABHA PATH DAKHIGOAN NEAR MODERN ENGLISH SCHOOL
         LALGANESH GUWAHATI 34 P.S. DISPUR DIST. KAMRUR METRO ASSAM



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
         FOREST AND ENVIRONMENT DEPTT DISPUR GUWAHATI 6

         2:THE PRINCIPAL CHIEF CONSERVATOR
          OF FOREST AND HEAD OF FOREST FORCE ARANYA BHAWAN PANJABARI
         GUWAHATI 37 ASSAM

         3:THE ADDITIONAL PRINCIPAL CONSERVATOR FOREST(PLANNING)
          BHAWAN PANJABARI PIN 37 ASSAM

         4:THE COMMISSIONER AND SECRETARY
         TO THE GOVT OF ASSAM HOUSING AND URBAN AFFAIRS DEPTT DISPUR
         GUWAHATI 6

         5:THE COMMISSIONER AND SECRETARY
         TO THE GOVT OF ASSAM MINES AND MINERALS DEPTT DISPUR
         GUWAHATI 6

         6:THE JOINT SECRETARY
         TO THE GOVT OF ASSAM MINES AND MINERALS DEPTT DISPUR
         GUWAHATI 6

         7:THE COMMISSIONER
          GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI
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Advocate for the Petitioner   : MR J PAYENG, MR. P K CHETRY,MS PRATIMA RABHA

Advocate for the Respondent : SC, FOREST, MS S BORUAH (GA, ASSAM),SC, HOUSING AND
URBAN AFFAIRS,SC, GMCH




                                    BEFORE
                    HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

                                         ORDER

Date : 27-10-2025

Heard Mr. D. Upadhyay, learned counsel appears on behalf of Mr. J. Pateng, learned counsel for the petitioner and Ms. M. Kalita, learned Standing counsel for the respondent No. 1, 2 & 3.

It is submitted at the bar that the subject matter in this writ petition is covered by the judgment & order dated 24.09.2024 passed in WP(C) No. 4085/2024, more specifically paragraph-19 of the said judgment which is quoted hereinbelow for ready reference;

"19. In view of the above analysis, it is therefore the opinion of this Court that the impugned communication dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines and Mineral Department thereby stipulating that the amendments carried out by the Amending Rules would also apply to the private agencies is contrary to the Act of 1957 as well as the Rules of 2013 as amended by the Amending Rules. Accordingly, the impugned communication dated 02.03.2023 is set aside and quashed."

On the basis of the submission made by the learned counsel for the parties, this writ petition is disposed of in term of the order dated 24.09.2024 passed in WP(C) No. 4085/2024.

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Writ petition stands disposed.

JUDGE

Comparing Assistant